Our ERISA attorneys at the Peace Law Firm describe some issues involving ERISA plans and beneficiaries. Contact us for help today.ERISA provides that a person who is an alternate payee under a QDRO generally shall be considered a beneficiary under the plan for purposes of. ERISA. The Summary Plan Description (SPD) should include your plan's claims procedures. Usually, you fill out the required paperwork and submit it to the plan. Empower- retirement. Complete each section of the Beneficiary Account Setup and Withdrawal Form. 2. Have the plan sponsor sign section 9 of the form. If the spouse has NOT waived her rights under this plan, then she is the beneficiary REGARDLESS of what a beneficiary designation says. This dispute is over the distribution of the death benefits of decedent's 401(k) retirement plan.